January 29, 2015

AG releases behavioral health audit, wants more funds to investigate

Hector Balderas and senior staff members at a press conference announcing release of behavioral health audit in January 2015.

At the press conference on Thursday, Balderas also spoke about his request for additional funding that he said would speed forward the investigation by years.

The controversial audit took place in June of 2013 and efforts by media and open government advocates to force the release of the audit through the state’s Inspection of Public Records Act have largely fallen short. Courts have said the state does not have to release the audit under the open records law’s “law enforcement” exception. This makes documents part of an ongoing investigation not subject to release through IPRA.

Balderas released the audit in a press conference with media in Albuquerque on Thursday morning.

“We balanced public disclosure of the report and also redacted what we feel is important” to protect the integrity criminal investigation, Balderas said.

The audit is an important document because it was used as evidence of “credible allegations of fraud” by the state Human Services Department, which resulted in the suspension of Medicaid funding for those 15 providers.

The Attorney General cleared two providers of wrongdoing, although other investigations are ongoing.

The audit, as released by the Attorney General, is available below.

More money for expedited investigation

In addition to the release of the audit, Balderas discussed the lengthy investigations into the behavioral health providers.

“It’s my opinion that this process into the behavioral health investigation has been too long,” Balderas said.

Balderas also said that he is asking for $1 million in funding for his office from the state Consumer Protection Fund. Balderas says if this funding is provided the time-table of the investigation can be expedited from five and a half to six years to just six to eight months. He had announced this request for funding last week.

He said that the funds “would allow us to retain additional services and additional fraud employees.”

The money would not come from the state’s general fund, though it would still require legislative and executive approval.

While Balderas was never openly critical of his predecessor in the office of the Attorney General or how the behavioral health audit, he dropped hints that he was not happy with the way in which the investigation or the fallout of the audit happened.

“We hope to bring results in a timely manner and bring answers yet not upend certain vulnerable populations when fighting waste, fraud and abuse,” he said.

“We have learned where we need to do a better job and, quite frankly, there needs to be more fraud protection at the executive level,” Balderas said.

Balderas said that investigations into three providers have been completed, four are ongoing and eight more have yet to begin.

State of the investigations

The three completed investigations are those into Easter Seals El Mirador, The Counseling Center and Service Organization for Youth. The first two had been previously publicized.

The four investigations that are currently in progress are for Families & Youth Inc., Hogares, Southwest Counseling Center and Valencia Counseling Services. The Attorney General’s office provided the list to media following the press conference.

“I will be announcing the outcome of that third report in the coming weeks,” Balderas said, apparently in reference to the Service Organization for Youth. He said he did not want to alert the media to the results before the provider was informed.

Balderas was asked why he decided to release the audit now when he did not as State Auditor. As Auditor, Balderas had access to the audit but explained that he could not release the audit.

He said, “We are controlling the investigation” in the Attorney General’s office.

Balderas said he had spoken to the Human Services Department Wednesday night about his intention to release the audit. “They seemed supportive,” he said.

Correction:

A previous version of this story said the press conference was held on Wednesday. It was Thursday. We regret the error.

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New Mexico Governor Michelle Lujan Grisham announced Wednesday a slight easing of COVID-19 restrictions, while also announcing some increased restrictions as of Saturday, May 16.
While Lujan Grisham said the state would start allowing retailers and some other businesses to open to the public with capacity limitations, she also said the new public health emergency order will require everyone in the state to wear a face and nose covering when in public spaces.
She said many businesses, with the exception of entertainment businesses like movie theaters, could open this weekend as long as they keep their capacity at 25 percent of what the fire code allows. She said those businesses must also continue to take certain precautions against spreading COVID-19.
Large retail “box” stores would have their capacity capped at 20 percent.

A day after state health officials announced the highest single-day number of COVID-19 cases since the beginning of the pandemic, they announced 129 additional confirmed cases and five additional deaths related to the disease. On Saturday, the state Department of Health announced five additional cases at the Otero County Prison Facility.

Years after the state cut off Medicaid funding to 15 behavioral health providers, citing “credible allegations of fraud,” the Attorney General cleared all providers of the alleged fraud. AG Hector Balderas made finishing the investigation into the providers a key goal when he entered office in 2015.

New Mexico Attorney General Hector Balderas signed onto an amicus brief earlier this month in support of a lawsuit launched by reproductive groups against the state of Texas. Abortion rights groups sued Texas last month to reverse Gov. Greg Abbott’s restriction on abortion access during the public health emergency.

New Mexico is one of two states – the other is New York – that meets the gating criteria set by the White House for reopening, according to a group of public health and crisis experts. A website called covidexitstrategy.org is mapping the state-by-state response to reopening and, according to the map, only New Mexico and New York meet the gating criteria established by the U.S. Centers for Disease Control and Prevention.

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A day after state health officials announced the highest single-day number of COVID-19 cases since the beginning of the pandemic, they announced 129 additional confirmed cases and five additional deaths related to the disease.

State Human Services Department Secretary Dr. David Scrase offered some data supporting the use of masks and social distancing to help slow the spread of COVID-19.
The use of face masks in public has become a polarizing topic among some communities as the state has loosened its restrictions on businesses, including closures, over the last week.
While cloth masks aren’t suitable for use in healthcare settings, Scrase said they are still useful at preventing the spread of the illness among the general public.

Public health orders restricting some businesses and public gatherings are slowly being lifted, but the New Mexico Supreme Court’s restrictions on eviction proceedings and limitations on civil cases in general are still in place.

Matthew Reichbach is the editor of the NM Political Report. The former founder and editor of the NM Telegram, Matthew was also a co-founder of New Mexico FBIHOP with his brother and one of the original hires at the groundbreaking website the New Mexico Independent. Matthew has covered events such as the Democratic National Convention and Netroots Nation and formerly published, “The Morning Word,” a daily political news summary for NM Telegram and the Santa Fe Reporter.